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The person who rear ended me isn't admitting fault

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ggdgarcia

Junior Member
What is the name of your state?What is the name of your state? California :mad:
I live in Los Angeles, CA and I got rear ended a couple of weeks ago (10/18/05). I was on my way to work on a surface street driving southbound and I was coming towards an intersection. I had just gotten out of a school zone, only a few yards away.

Anyway, I was approaching a green light and noticed that the cars in front of me were slowing down and pulling over because a police car with its sirens on was coming toward me headed northbound. To prevent from stopping in the middle of the intersection, I slowed down and stopped right before. There was really nowhere else for me to go because there was so much traffic around me, my only choice was to slow and stop where I was. Then it happened, I suddenly got rear ended. My first accident in the 15 years I've been driving!!!!

I then exchanged information with the person who rear ended me. We were the only cars and the only people involved. She was being cooperative (at the scene, anyway) until I called her the next day to see if she had reported the claim to her insurance company. She said that she hadn't and that she would do it that day. She mentioned to me that she had to go straight to the hospital after the accident and stayed there for 4 hours, but she also mentioned that she hadn't felt well for days. She also mentioned that her car had gotten stolen a few weeks before and she had just gotten it back and the bumper was already damaged before our accident. I really didn't know where she was getting at by telling me all that information.

It's three weeks later and my car is still in the shop. I was advised by her insurance company that she's refusing to admit fault; therefore, they can't do anything with my claim until she does. Also, she still hasn't submitted a formal claim with either of our insurance companies. I don't know what to do. Please help!
 


seniorjudge

Senior Member
Start with reporting this to your insurance company.

I would also get a copy of the police report.

I would bet that the circumstantial evidence shows she is 100% at fault.
 

I AM ALWAYS LIABLE

Senior Member
ggdgarcia said:
What is the name of your state?What is the name of your state? California :mad:
I live in Los Angeles, CA and I got rear ended a couple of weeks ago (10/18/05). I was on my way to work on a surface street driving southbound and I was coming towards an intersection. I had just gotten out of a school zone, only a few yards away.

Anyway, I was approaching a green light and noticed that the cars in front of me were slowing down and pulling over because a police car with its sirens on was coming toward me headed northbound. To prevent from stopping in the middle of the intersection, I slowed down and stopped right before. There was really nowhere else for me to go because there was so much traffic around me, my only choice was to slow and stop where I was. Then it happened, I suddenly got rear ended. My first accident in the 15 years I've been driving!!!!

I then exchanged information with the person who rear ended me. We were the only cars and the only people involved. She was being cooperative (at the scene, anyway) until I called her the next day to see if she had reported the claim to her insurance company. She said that she hadn't and that she would do it that day. She mentioned to me that she had to go straight to the hospital after the accident and stayed there for 4 hours, but she also mentioned that she hadn't felt well for days. She also mentioned that her car had gotten stolen a few weeks before and she had just gotten it back and the bumper was already damaged before our accident. I really didn't know where she was getting at by telling me all that information.

It's three weeks later and my car is still in the shop. I was advised by her insurance company that she's refusing to admit fault; therefore, they can't do anything with my claim until she does. Also, she still hasn't submitted a formal claim with either of our insurance companies. I don't know what to do. Please help!

My response:

Were you injured in the incident? If not, file a Small Claims action against her, or make your claim through your insurance company and pay your deductible. If you were injured, and have been to a doctor, then hire a personal injury attorney.

IAAL
 

seniorjudge

Senior Member
I AM ALWAYS LIABLE said:
My response:

A regular street, avenue or boulevard, as opposed to a Freeway, which are usually elevated from the surface.

IAAL
Thank you.

I learn all kinds of things on this forum!
 

ggdgarcia

Junior Member
seniorjudge said:
Start with reporting this to your insurance company.

I would also get a copy of the police report.

I would bet that the circumstantial evidence shows she is 100% at fault.
Thank you for your advice. I've already advised my insurance company (as well as hers) and gave them my statement. There isn't a police report because I was told that unless there were injuries, a police report isn't required.
 

ggdgarcia

Junior Member
I AM ALWAYS LIABLE said:
My response:

Were you injured in the incident? If not, file a Small Claims action against her, or make your claim through your insurance company and pay your deductible. If you were injured, and have been to a doctor, then hire a personal injury attorney.

IAAL
Thank you for your repsonse too. I was not injured in the accident. I believe I will file a Small Claims action against her. It's funny because a lot of people are joking with me and telling me to claim that I was injured, but was very honest about what happened when I reported it to both insurance companies.
 

seniorjudge

Senior Member
ggdgarcia said:
Are you sure because it was the dispatcher at the police department who told me.
Okay, I will note that California does not need a police report if there is only property damage. That's the first state I have heard of that won't issue a police report where there is no bodily injury but there is property damage.

Strange, but, after all, it is California.....
 

ggdgarcia

Junior Member
seniorjudge said:
Okay, I will note that California does not need a police report if there is only property damage. That's the first state I have heard of that won't issue a police report where there is no bodily injury but there is property damage.

Strange, but, after all, it is California.....
I agree, I live in a strange state. Things like this shouldn't be a shocker when it comes to California. Thanks again!
 

seniorjudge

Senior Member
ggdgarcia said:
I agree, I live in a strange state. Things like this shouldn't be a shocker when it comes to California. Thanks again!
And now you know why you should've insisted on a police report.
 

abaga

Member
seniorjudge said:
And now you know why you should've insisted on a police report.
I was hit by someone on Private Property and when I notified the police and asked for an officer to please be dispatched, I was told they don't do police reports for private property accidents. I had to insist for about five minutes before they would finally send out an officer. Good thing I did....the guy was telling me he was at fault and even told the officer, but then tried to get out of it when it came to the insurance co. Also, prior to the officer arriving, the other party gave me bogus insurance information as well as a bogus phone number (his number). It wasn't until I received a copy of the accident report that I got the actual information. His insurance still tried to deny the claim and find me 20% at fault. After I showed them the pictures taken, described the accident again and how he did not stop at a stop sign, just barrelled on through, they finally accepted 100% liability.

Anyone involved in an accident, be it on private property, property damage only, whatever the case may be, has the right to have a report written up.

In the original posters situation, it sounds like officers who didn't want to be bothered with a minor accident. Very sad!
 

ggdgarcia

Junior Member
Good news! The other party finally accepted liability!!! I didn't have to take it to small claims after all! Thanks everyone for your advice! It's really appreciated!!!!!!!!!! :D
 

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